Thomas' relatives sued the city and the officers in 2008, arguing that the cops used excessive force against Thomas, depriving him of his constitutional rights.

“The family, while willing to take this matter to trial, was hesitant to relive this,” said the family's lawyer, Christopher Gale.

Despite the proposed deal, the city and the officers deny any wrongdoing. The department and a review by state prosecutors cleared the officers, records show.

According to a summary of the case by Senior U.S. District Judge Harry Hudspeth, Thomas was involved in a vehicle crash but kept going, only to wreck into a wall. He left the second crash on foot.

Martinez and Norman pursued Thomas, according to Hudspeth, who reviewed the case in 2011 to see if it should proceed to trial.

Hudspeth's summary said the officers found Thomas in an open field, and in a disputed turn of events, Thomas was shot. He was unarmed, and the only thing found on him was his leather wallet, Hudspeth wrote.

According to the summary, the officers contend Thomas yelled: “I have a gun. I'm going to shoot you,” and his right arm was extended at chest height. The officers believed he had a gun.

Both officers said they feared for their lives and Martinez fired the first shot. When Thomas did not immediately fall to the ground, Norman fired additional shots, Hudspeth's summary said.

A plaintiff's witness disputed the officers' version and said it was still light out, although records showed the shooting occurred after the sun had set, Hudspeth noted.

The autopsy report showed Thomas had a blood-alcohol content of 0.26 percent at the time, the summary said.

The city and the officers fought over the years to be dismissed from the suit on grounds of immunity, a legal hurdle that is sometimes difficult for plaintiffs to overcome in such cases against public entities.